Court : Karnataka
Reported in : ILR1989KAR3479
..... of the trial court on the ground that the suit filed by the appellant-plaintiff was not maintainable as it was filed against the first defendant-first respondent without issuing statutory notice as required by section 72 of the karnataka housing board act 1962 (hereinafter referred to as the act). ..... section 45 of the act specifically empowers the competent authority of the board to have the premises let out vacated in accordance with the procedure provided therein. ..... 1, 2, and constructed by the first defendant in the i phase labour housing colony in 'j' division harihar town. ..... suit on three counts - that the suit was not cognizable by a civil court, that the notice under section 80 of the cpc ought to have been issued to the second defendant, that notice under section 72 of the act ought to have been, issued to the first defendant.3. ..... it is relevant to notice and it is not in dispute that the suit shops were constructed by the first defendant under the housing scheme. ..... the provisions of section 72 of the act are mandatory, non compliance with the same affects the maintainability of the suit ..... as such the provisions of section 72 of the act were attracted. ..... section 18 of the act enables the first defendant to provide all or any of the matters provided therein ..... therefore, the point for consideration is, whether the lower appellate court was justified in law in holding that the suit was not maintainable as it was filed without serving notice on the defendants under section 72 of the act?5. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3320
..... it was further provided under section 68 that the 'housing board established under the karnataka housing board act, 1962, shall not undertake any housing scheme except in conformity with the layout plan approved by the ..... even while undertaking the housing scheme it has to be executed by the housing board in accordance with the scheme as published, provided the scheme was undertaken prior to the commencement of the act, thus it could be seen that the act is a complete code in itself with regard to the ..... act, karnataka area development boards act ..... has held (at page 792) that the words in section 105(1) (a) of the housing act 1957, 'purposes...necessary or desirable for, or incidental to, the development of the land as a building estate' have 'nothing exclusive about ..... first contention urged before us by the city board is that in the absence of any regulations framed by the electricity board under section 79 of the act regarding the principles governing the fixing of grid tariffs, it was not open to the electricity board to issue the impugned notifications. ..... 13818/90 (the metropolitan co-operative housing society), would submit that in this case the government being satisfied as to the bona fides of the request made by the society issued an order dated 19-1-1988 under section 65 of the act directing the bda to allot 20 acres of the land to the ..... state of karnataka : [1984]3scr522 .in dealing with the scope of section 63(7) of the motor vehicles act, 1939, it was held in paragraph-8 as .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant77; ILR1993KAR3323; 1993(4)KarLJ290
..... 14 of the karnataka housing board's act, 1962, (the act) the contracts entered into by the board are statutory and the benefit of the said contracts cannot be defeated by recourse to an executive order made under ..... government entrusted the responsibility of constructing these houses with the karnataka housing board (referred to as 'the board'). ..... board acted as an agent of the government, because, the government resolved earlier to vest the responsibility of putting up of the houses under the ashraya scheme, in the board.19 ..... as a matter of policy, a substantial percentage of the houses to be built are to be done through the deputy commissioners and not through the agency of the housing board; the existing contractors were allowed to complete the works to the extent of advances paid to ..... the total number of houses was reduced as follows :in each assembly constituency 500 houses were to be built, leading to a total of 1,06,000 houses; out of this, board was to put up only 40,000 houses and the balance of 66,000 houses by the deputy commissioners; all these houses were to be completed by the end of june ..... of constructing the houses was shifted to the deputy commissioners of the concerned districts; only a small percentage of the houses was to be built by the board under this order. ..... no breach of contract committed by the board which is sought to be restrained in the writ petitions but, the executive order prevents the board and the petitioners from acting under the terms of the contract. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant336; ILR1995KAR315; 1995(2)KarLJ442
..... effected by the bangalore development authority constituted under the bangalore development authority act, 1976 (karnataka act 12 of 1976), the city improvement trust board, mysore constituted under the city of mysore improvement act, 1903 (mysore act 3 of 1903), the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act 10 of 1963), the improvement boards constituted under the karnataka improvement boards act, 1976 (karnataka act 11 of 1976), house building co-operative societies registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959), in so far as it relates to allotment of building sites to its members and such ..... the karnataka industrial area development board (hereinafter referred to as the 'board' or 'kiadb') is a statutory body established and incorporated under the karnataka industrial area development act, 1966 ..... the main functions of the said board is to establish and develop industrial areas and make available industrial sites to industrial undertakings to establish themselves for the rapid and orderly establishment and growthof industries in karnataka and to maintain, develop and manage industrial estates within industrial areas ..... 20 of the schedule to the said act which specifies the stamp duty on deeds of conveyance and rule 5 of the karnataka stamp (prevention of undervaluation of instruments) rules 1977 which lays down the principles for determination of market value.6.1 relevant portion of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant356; ILR1995KAR1104; 1995(2)KarLJ11
..... of the karnataka housing board act, 1962 ('the act' for ..... (4) of section 15 of the karnataka housing board act, 1962, it is clear that a contract which is made or executed as provided ..... with the work of internal electrification to the composite housing scheme iv phase in the new township, yelahanka 1 stage consisting of group i and ii numbering 345 houses and ii stage consisting of 362 houses in group i and ii by the respondent-karnataka housing board ('the board' for short). ..... filed, by the petitioner for impleading the former chairman of the karnataka housing board by name, as personal allegations were made against him. ..... the respondents objections are filed stating that the board has formulated a scheme called composite housing scheme at kallahally, shimoga and the state of karnataka has sanctioned the scheme under government order no. ..... difficulties as he was not allowed to complete the contract work entrusted to him in respect of 707 houses at yelahanka, the petitioner submits that the board, after taking into consideration the financial loss incurred by the petitioner, decided to entrust the service main portion of the work in respect of 1293 houses at kallahally in lieu of internal electrification of 707 houses at yelahanka and the said decision was communicated by the first respondent to the 2nd respondent with a ..... there can be no estoppel against the statute and there can be no direction to the board to act contrary to the legislative mandate and to give effect to the contract. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3577; 1996(7)KarLJ846
..... in that view of the matter, i hold that the land acquisition proceedings initiated by the respondents are against the provisions of the karnataka housing board act, 1962 and accordingly, they are liable to be quashed.in the result, i allow this writ petition and quash the rectifications under sections 4 and 6 of the land acquisition act, evidenced by annexures 'a' and 'c' insofar as they relate to the land belonging to the petitioner, viz. ..... in this case, admittedly, no housing scheme has been sanctioned and accordingly, the respondents have no jurisdiction to acquire the land before the scheme is sanctioned by the government, on going through the sections of the karnataka housing board act, 1962, the case of the respondents that the scheme has to be framed and sanctioned only after the acquisition of the land cannot be accepted.7. ..... chapter iii of the karnataka housing board act, 1962, provides for housing schemes and land development schemes. ..... the petitioner alleges that the acquisition proceedings can be initiated only after the housing scheme has been sanctioned by the state government by virtue of the provisions contained under section 24(2) of the karnataka housing board act, 1962.2. ..... it is further submitted that the acquisition is for the purpose of the karnataka housing board and that, before the acquisition proceedings are initiated, a housing scheme has to be prepared in chapter iii of the karnataka housing board act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR480
..... section 70 of the act 1987 reads as follows:the housing board established under the karnataka housing board act, 1962 (karnataka act 10 of 1963) shall not undertake any housing scheme in any area within the urban area except in conformity with the layout plan of the urban development authority; provided that any housing scheme undertaken by the karnataka housing board before the commencement of this act shall be executed by the board in accordance with the said scheme.the reading of the above said section shows that there is no prohibition for acquisition ..... of land under the provisions of the act ..... in order to consider the above said contention it would be better to refer to some of the provisions of the karnataka housing board act 1962 (hereinafter referred to as the act 1962), act 1962 has been enacted for the purpose of framing schemes and to carryout such works as are necessary for the purpose of dealing with and specifying the need of housing accommodation. .....
Tag this Judgment!Court : Karnataka
Reported in : [2001]103CompCas303(Kar); ILR1998KAR3028; 1998(5)KarLJ464
..... 79a or section 79b or section 80 shall apply to-(a)the sale, gift or mortgage of any land or interest therein in favour of the government, (the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act no. ..... the karnataka slum clearance board established under the karnataka slum areas (improvement and clearance) act, 1973 (karnataka act no. ..... the industrial areas development board constituted under the karnataka industrial areas development act, 1966 (karnataka act no. ..... principle that in order to realise the decretal amount, the decree-holder can take any coercive steps and also there is no bar either under the provisions of the banking regulation act or under section 80 read with section 81 of the karnataka land reforms act to bid and purchase the property. ..... therefore, in view of the clear provisions of section 81 of the karnataka land reforms act that the submissions of the learned counsel for revision petitioner that the bank cannot bid and purchase the property is ..... that the scope of section 80 of karnataka land reforms act has not been properly considered by the ..... further he submitted that section 81 of the karnataka land reforms act, makes clear that the provisions of sections 79a and 79b and 80 do not ..... read with sections 114 and 151 of the cpc praying to review the order dated 19-11-1994 against permission granted to the decree-holder to participate in the bid on the ground that section 80 of the karnataka land reforms act is a clear bar. .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ346
..... the petitioners were all allottees of houses constructed by the first respondent-karnataka housing board. ..... the grievance of the petitioners is that they have paid the entire amount of the respective houses and since the period of lease was over, they are entitled to obtain absolute sale deeds and the impugned demands are illegal, arbitrary and against regulations 11 and 12 of the housing board allotment regulations.2. ..... before dismissing these writ petitions, it has to be observed that under the circular at annexure-r6, dated 12-12-1985 the housing commissioner has authorised the facao to determine the final cost of houses and based on the cost determined by the facao the impugned demand notices had been issued. ..... panchapakesan and others v state of karnataka and another, these writ petitions, in which upward revision of price of houses is challenged, are not maintainable and the same are liable to be dismissed.5 ..... such a circular could be issued by the board only after passing a resolution authorising either facao or any other officer to make the determination of actual cost of the houses. ..... before executing the absolute sale deeds in favour of the petitioners, the board issued the impugned demand notices at annexures-h, j, k and l calling upon them pay the difference in the cost of the houses. ..... admittedly the price of the houses allotted in favour of the petitioners was provisional and the petitioners have agreed to pay the revised cost of the houses based on the actual cost of .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(3)KarLJ498
..... housing commissioner of the respondent-board being the chief executive and administrative officer of the board and also he has been conferred with all the powers of a major head of the departments of the state government under the karnataka civil services rules (hereinafter referred to as 'the kcsr'), he has passed the impugned order in exercise of the power conferred on him under sub-sections (5) and (6) of section 10 of the karnataka housing board act, 1962 (hereinafter referred to as 'the act ..... the rules known as karnataka housing board (recruitment and conditions of service) rules, 1988 (hereinafter referred to as 'the recruitment rules') framed by the board in exercise of the power conferred on it under section 74 of the act provides that the state ..... the petitioner in this petition who was working as assistant general manager in the respondent-karnataka housing board (hereinafter referred to as 'the board') in this petition has called in question the correctness of the order dated 13th december, 2002, a copy of which has been produced as annexure-k to this petition, passed by the commissioner of the board reducing the petitioner from the rank of assistant general manager to the rank of manager ..... relying upon the notification dated 9th may, 2001 issued by the housing board framing 'draft rules' known as the karnataka housing board (cadre, recruitment and conditions of service) rules, 2000, sri motigi submitted that under the draft rules, the commissioner is made both as .....
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